Department of Labor and Industry

Board Minutes

Minutes - July 16, 2009

 

PRESENT:

Jack Holstrom, Presiding Officer
JayReardon
Pat Dudley (bytelephone)
Quinton Nyman
Karla Stanton

STAFF ATTENDING:

Marieke Beck, Board Attorney
Tonya M cCormack
John Andrew
Joe Maronick

Board Business

APPROVAL OF MINUTES:
Minutes for May 21, 2009 meeting were approved. Member Reardon moved to approve, Member Nyman seconded the motion. Member Dudley did not vote,as he was not in attendance at the Maymeeting. Motion passed 4-0

NEXT MEETING DATE:

The next meeting is set for August 20th pending an appeal,in the second floor west conference room B of the Employment Relations Building, 1805 Prospect Avenue, Helena, Montana.

ATTORNEY COMMENTS – BOARD ATTORNEY MARIEKE BECK:

Board Attorney Marieke Beck stated that the Board is in a holding pattern with the unauthorized practice of law. Marieke had emailed Board Member an article from The Montana Lawyer, titled“Commission answers comments on unauthorized-practice rules”. The Supreme Court had received 118 comments. The majority of the comments were that it wouldn’t work. The Board will continue their policy that was adopted.

Marieke has been responding with Tim Fitzgerald from Bozeman in regards to the MSU unit determination. Mr. Fitzgerald is not happy with the election results. Marieke has already written him one letter in regards to the Board’s status ofthe election. She has prepared another letter in regards to reiterate her first letter that she had sent him. Marieke emailed the Board Members a copy ofthe letter that she had prepared and asked the Board Members if they wanted her to send it out on their behalf. The Board Members all agreed to put the letter in the mail and keep working with Mr. Fitzgerald.

Marieke had emailed Board Members a portion of the Administrative Rules for Unfair Labor Practice portion that she is working on revising. She was asking for their thoughts in regards to the process that the Board Agent handling once a complaint comes into the Board for investigation purposes. Upon discussion, Member Reardon, Member Dudley, Member Stanton and Presiding Officer Holstrom approved of using the second set that Marieke had prepared. Member Nyman was not comfortable with the language stating“ abuse”. Presiding Officer Holstrom

MISCELLANEOUS:

The Arbitration Conference dates are set for September 23rd-25th in Butte.

ORAL ARGUMENT – UNFAIR LABOR PRACTICE 16-2009

JAMES MILLIGAN v. MONTANA FEDERATION OF STATE PRISON EMPLOYEES LOCAL #4700, MEA-MFT, AFL-CIO

The above matter came before the Board. Jack Holstrom was the Presiding Officer in this matter.

Oral argument was presented. Rick Larson appeared before the Board to represent the Montana Federation of State Prison Employees Local 4700;James Milligan appeared pro se before the Board.

The matter before the Board was to determine if there was any merit to the Board Agent’s Investigative Report and Dismissal. The ULP was dismissed with no merit. Board Member Reardon moved to affirm the Board Agent’s decision and Member Stanton seconded the motion. Motion passed 5-0.

Upon discussion of the Board, the investigator in this matter looked into whether the Defendant’s actions were(1)a product of bad faith;(2)discriminatory; or(3)arbitrary. The investigator’s report found that with the evidence presented, that the Defendant did not act in bad faith, was not discriminatory or arbitrary.